due process

“When in Doubt, Grant the Protective Order” Is Not a Legal Principle

In discussions about protective orders and alleged domestic violence, I often hear a familiar refrain: “Protective orders should be granted liberally even when the question comes down to one person’s…

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The Illusion of Protection: Why Utah’s Child Testimony Statute Threatens Due Process and Open Courts

A constitutional critique of Utah Code § 81-9-204(5)(a) Utah, like every state, bears a solemn and compelling responsibility to protect children involved in custody and parent-time disputes. That responsibility is…

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Utah Court of Appeals Affirms Broad Continuous Protective Orders Covering Household Children

State v. Allred - 2026 UT App 1 THE UTAH COURT OF APPEALS STATE OF UTAH,Appellee, v. ALLEN MICHAEL ALLRED, Appellant. Opinion No. 20230738-CA Filed January 2, 2026 First District…

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Why Courts Should Explain How They Hear Children in Custody Cases

Evidence, Record-Making, and the Limits of Testimonial Substitution Courts, lawyers, and commissioners in child custody and parent-time disputes often operate on an unspoken assumption: that the only acceptable way to…

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“Erring on the Side of Caution” Is Still Error: Why Utah Courts Must Stop Quietly Abandoning the Burden of Proof in Protective Order Cases

Utah law requires domestic violence protective orders to be supported by a preponderance of the evidence. Increasingly, courts are not applying that standard. Instead, they substitute an unwritten “better safe than…

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The Cause of “Protective Orders Disorder” and How to Prevent It.

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” (Benjamin Franklin) It is undeniable that courts frequently take a "better safe…

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In re adoption of D.K.A.T. – 2024 UT App 145 – Contested Adoption

In re adoption of D.K.A.T. - 2024 UT App 145 THE UTAH COURT OF APPEALS In re adoption of D.K.A.T. - 2024 UT App 145 IN THE MATTER OF THE…

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Rejecting Fact for Faith: the Inexplicable and Inexcusable Silencing of the PGAL’s Child Client

When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…

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If You File for Divorce, Do You Have to Serve Your Spouse With Papers?

Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…

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Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…

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